Ex-Lawmaker Daniel Asuquo Sues Cross River Governor Bassey Otu, Others Over Mining Dispute

By Joseph Iyaji | Akahi News

The Former House of Representatives Member representing Biase and Akamkpa Federal Constituency in Cross River State, Hon. Daniel Asuquo, has taken the Governor of Cross River State, Senator Bassey Otu, and several others to court over a protracted mining dispute in the state.

The suit, filed before the Federal High Court of Nigeria, Port Harcourt Judicial Division, with suit number FHC/PHC/CS/147/2025, was instituted on 12 August 2025 and signed by D. T. Tarhemba, Esq., and David Iornum Saando, Esq.

The matter has now opened a new chapter in the ongoing controversies surrounding solid minerals exploration and control in Cross River State, raising broader questions about the powers of state governments versus the Federal Government in regulating mining activities.

Defendants and Respondents in the Suit

The case names an extensive list of respondents, including:

• Senator Bassey Otu, Governor of Cross River State.
• The Government of Cross River State.
• The Attorney-General and Commissioner for Justice of Cross River State.
• Prince Paul Effiong, Chairman of the State Anti-Illegal Mining Taskforce.
• Nine other individuals linked to the state government and its operations.

Also mentioned as respondents are the Nigeria Police Force, the Nigeria Security and Civil Defence Corps, and the Nigeria Army, reflecting the scale of state and federal involvement in the dispute.

Reliefs Sought by the Applicants

Hon. Daniel Asuquo, alongside other applicants such as Olayi Mines and Energy Ltd., Achu Fidelis Inyambe, and Doveline Investment Nigeria Limited, is seeking a series of injunctions to protect their mining operations in Akamkpa Local Government Area of Cross River State.

Specifically, the petition prays the court for:

1. An order of interlocutory injunction restraining the respondents from further invading the applicants’ mining site, arresting them, or interfering with their mining activities pending determination of the substantive suit at the Federal High Court in Calabar (Suit No: FHC/CA/CS/41/2025).
2. An order of mandatory interim injunction restraining the respondents from further arresting or impounding mining equipment belonging to the applicants at Akamkpa.
3. Interpretation of key sections (1, 2, 3 & 4) of the Nigerian Minerals and Mining Act 2007, to determine whether state governments and their agents have any legal authority to regulate solid minerals, which constitutionally fall under the exclusive control of the Federal Government.

Grounds for the Suit

The application cites several grounds, among them:

• That the applicants are legitimate holders of small-scale mining leases and exploration licences duly granted by the Federal Ministry of Solid Minerals Development and the Mining Cadastre Office in Abuja.
• That their operations have been repeatedly disrupted by agents of the state government and members of the Anti-Illegal Mining Taskforce, allegedly backed by security agencies and armed thugs.
• That the applicants’ equipment, valued at over ₦200 million, was seized and taken to an unknown destination.
• That despite the pendency of a related case before the Federal High Court in Calabar, respondents have continued to invade mining sites and obstruct lawful exploration activities.
• That excavators belonging to the state have allegedly been deployed to the applicants’ sites, where solid minerals are being extracted at their expense.
• That the applicants have already suffered losses estimated at ₦500 million and continue to lose revenue daily, with the risk of irreparable damage if the court does not intervene urgently.

Procedural Context and Legal Tensions

The applicants explained that while they had initially filed an originating summons in Calabar (Suit No: FHC/CA/CS/41/2025), the current application had to be lodged in Port Harcourt because the Federal High Court in Calabar is currently on vacation, leaving the Port Harcourt division to sit as a vacation court covering matters from Cross River State.

This procedural move highlights the urgency with which the applicants are seeking relief, given what they describe as a “siege” over their mining operations.

The case also brings to the fore the longstanding legal and constitutional debate on whether state governments have the right to intervene in mining activities, which the 2007 Act reserves for the Federal Government under the Exclusive Legislative List.

Broader Implications for Mining in Nigeria

Legal observers say the outcome of this case could set a precedent with national implications. The Nigerian mining sector has often been plagued by disputes between state governments, federal authorities, and private operators over licensing rights, environmental controls, and revenue allocation.

If the Federal High Court rules in favour of the applicants, it could further restrict state governments from unilaterally setting up taskforces or interfering with mining operations licensed by the Federal Government. On the other hand, if the court sides with the respondents, it may embolden state governments to play a more active role in monitoring and regulating mining activities within their territories.

Voices from the Community

Residents of Akamkpa, one of the mineral-rich areas of Cross River State, say the legal battle is already affecting the local economy. Mining activities provide direct and indirect employment to hundreds of youths, and frequent disruptions not only jeopardise livelihoods but also strain relations between communities, investors, and the government.

Some community leaders have expressed concern that prolonged legal battles could deter future investors in the sector, particularly at a time when Nigeria is seeking to diversify its economy through solid minerals.

Next Steps

The Federal High Court in Port Harcourt is expected to hear the interlocutory application in the coming weeks, after which it will determine whether to grant the orders sought by Hon. Daniel Asuquo and his co-applicants.

Until then, the case adds to the growing list of mining-related disputes across Nigeria, underscoring the urgent need for clarity in law, transparency in governance, and accountability in resource management.

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